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(영문) 부산지방법원동부지원 2016.08.18 2015가단20003
손해배상(자)
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 8,578,800 won and 5% per annum from November 25, 2014 to August 18, 2016.

Reasons

1. Basic facts

A. On November 25, 2014, around 14:20, Defendant B: (a) driven a vehicle C (hereinafter “Defendant vehicle”) at the Busan Gangseo-gu Busan Gangseo-gu (hereinafter “Defendant vehicle”) on the front part of Defendant C’s vehicle (hereinafter “Plaintiff”) due to the negligence that did not see the front part; (b) the front part of the vehicle owned by the Plaintiff was damaged by the driver following the Plaintiff vehicle.

B. Defendant M&C Co., Ltd. (hereinafter “Defendant Co., Ltd”) is an insurer who has concluded an automobile insurance contract with respect to the Defendant’s vehicle.

C. The Defendant Company paid KRW 5,460,00,00 for the rental fee of the Plaintiff’s siren for 14.5 days in professional siren Co., Ltd., 2,083,200, respectively, to the Plaintiff, for the 3,738,00,00 per automobile price decline damages, and for the 15.5-day alternative transport expenses (temporary loss) for 15.5 days.

[Ground of recognition] Facts without dispute, entry in Eul evidence 1 to 9 (including branch numbers in the case of additional number), the purport of the whole pleadings

2. The Defendants asserting that the Plaintiff’s assertion is jointly and severally liable to compensate the Plaintiff for the following damages and delay damages.

(Value depreciation damage) 4,902,00 won calculated by subtracting 3,738,00 won already received from 8,640,000 won for the value decline damage of the Plaintiff’s vehicle due to the instant traffic accident

(B) (Supplementary Damage) In the instant traffic accident, the Plaintiff’s vehicle was repaired for a period of 71 days from November 15, 2014 to 71 days, and thus, 10,848,000 won per day multiplied by 192,00 won per day during 56.5 days (total repair period of 71 days - 14.5 days) during which it did not rent any of the vehicles, subtracting 2,00 won for alternative transport expenses already received from 192,00 won per day.

3. Determination

A. The following facts or circumstances acknowledged by comprehensively taking account of the descriptions of Gap's evidence Nos. 1 through 4 and the purport of the entire argument in the appraiser E's appraisal statement, namely, the traffic accident of this case led to not only the plaintiff's vehicle behind the driver's vehicle, but also its major structural frame and the panel's partial transformation. Such damage is the plaintiff's vehicle.

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